State Rep. Lewis: AG Kobach, not Gov. Kelly, directs Kansas legal matters | Opinion

Gov. Laura Kelly asked the Kansas Supreme Court to grant her queenly authority over Kansas litigation on Friday. This Halloween Day prank is a political stunt without any support in law or precedent. The trickster should be thrown out of court without a treat.

The governor is the chief executive officer of the state, responsible for enforcing state laws, but she does not control the state’s legal positions in court cases. Kansas statutes and case law indisputably give the attorney general the power to manage the state’s litigation and to control the legal positions taken by the state.

The independence of the attorney general from the governor in directing litigation is clear from the fact that in Kansas we elect our attorney general. He is not, as in some other states and the federal government, selected by and serving at the pleasure of the chief executive — the governor or the president.

The genesis for the governor’s little temper tantrum is that she does not want to comply with orders from federal agencies seeking to ensure that the state of Kansas is spending federal dollars as they are intended to be spent. Kris Kobach, our duly elected attorney general, after examining the issues, has determined that the federal government orders are well-grounded in the law, and he therefore is not willing to go to court to do the governor’s bidding. The governor may disagree, but she does not have the constitutional or statutory authority to countermand the decision of this independent executive branch official.

If Gov Kelly wants to control the state’s litigation, she should run against Kobach for attorney general in the upcoming 2026 election. Let the voters decide. Good luck, Governor.

Bob Lewis represents District 123 in the Kansas House of Representatives.